JASWINDER SINGH Vs. JIT KAUR

JUDGEMENT

(1.) THE petitioners challenge the order passed by the learned Additional Civil Judge (Senior Division), Sultanpur Lodhi on an application moved under Order 21 Rule 32 read with Section 151 of the Code of Civil Procedure (for short the Code).

(2.) JIT Kaur and others filed a suit for permanent injunction claiming that they were owners to the extent of 1/4 share in khata No. 104/229, 230 bearing Khasra Nos. 37 min east 76-12, 37 min west/36-6 situated in village Amanipur. It was claimed that on the eastern side of whole land defendant Sucha Singh is in possession of 1/4th share and on the western side of Sucha Singh plaintiffs were in possession of 28 kanals 14 marlas. Remaining land was said to be in possession of other two co-sharers on the western side of the land of the plaintiff. The plaintiffs thus filed a suit for injunction. Said suit was decreed and thus, it was held that Jit Kaur and others are in possession of land measuring 28 kanals 14 marlas on the western side of the land of Sucha Singh and they were entitled to protect their possession. Said decree has attained finality.

(3.) ON notice having been issued the judgment debtors filed reply taking a plea that total area of khasra No. 37 was 112 kanals 18 marlas and not 114 kanals 18 marlas. The factum of change of entries was also denied and it was also denied that any encroachment has been made by the petitioners. It was further claimed that decree holders were in possession of the land according to their shares. Parties were allowed to lead evidence and local commissioner was also appointed.